BILL NUMBER: ACR 17	CHAPTERED  08/23/99

	RESOLUTION CHAPTER   81
	FILED WITH SECRETARY OF STATE   AUGUST 23, 1999
	ADOPTED IN SENATE   AUGUST 19, 1999
	ADOPTED IN ASSEMBLY   JUNE 3, 1999

INTRODUCED BY   Assembly Member Wayne

                        FEBRUARY 25, 1999

   Assembly Concurrent Resolution No. 17--Relative to the California
Law Revision Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   ACR 17, Wayne.  California Law Revision Commission:  studies.
   Under existing law, the California Law Revision Commission is
required to study, and is limited to studying, those topics approved
for its study by concurrent resolution of the Legislature.
   This measure would grant approval to the commission to continue
its study of designated topics that the Legislature previously
authorized or directed the commission to study, would delete 5 topics
that previously were approved by the Legislature for study by the
commission, and would authorize the study of 4 new topics.




   WHEREAS, The California Law Revision Commission is authorized to
study only topics set forth in the calendar contained in its report
to the Governor and the Legislature that are thereafter approved for
study by concurrent resolution of the Legislature, and topics that
have been referred to the commission for study by concurrent
resolution of the Legislature; and
   WHEREAS, The commission, in its annual report covering its
activities for 1998 and 1999, recommends continued study of 16
topics, all of which the Legislature has previously authorized or
directed the commission to study; and
   WHEREAS, The commission, in its annual report covering its
activities for 1998 and l999, recommends removal of five topics, all
of which the Legislature has previously authorized or directed the
commission to study and which the commission either has completed
study of or found to be no longer appropriate for commission study;
and
   WHEREAS, The commission, in its annual report covering its
activities for 1998 and 1999, recommends addition of four new topics
to its calendar; now, therefore, be it
   Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature approves for continued study
by the California Law Revision Commission the topics listed below,
all of which the Legislature has previously authorized or directed
the commission to study:
   (1) Whether the law should be revised that relates to creditors'
remedies, including, but not limited to, attachment, garnishment,
execution, repossession of property (including the claim and delivery
statute, self-help repossession of property, and the Commercial Code
provisions on repossession of property), civil arrest, confession of
judgment procedures, default judgment procedures, enforcement of
judgments, the right of redemption, procedures under private power of
sale in a trust deed or mortgage, possessory and nonpossessory
liens, insolvency, and related matters;
   (2) Whether the California Probate Code should be revised,
including, but not limited to, the issue of whether California should
adopt, in whole or in part, the Uniform Probate Code;
   (3) Whether the law should be revised that relates to real and
personal property, including, but not limited to, a marketable title
act, covenants, servitudes, conditions, and restrictions on land use
or relating to land, possibilities of reverter, powers of
termination, Section 1464 of the Civil Code, escheat of property and
the disposition of unclaimed or abandoned property, eminent domain,
quiet title actions, abandonment or vacation of public streets and
highways, partition, rights and duties attendant upon assignment,
subletting, termination, or abandonment of a lease, powers of
appointment, and related matters;
   (4) Whether the law should be revised that relates to family law,
including, but not limited to, community property, the adjudication
of child and family civil proceedings, child custody, adoption,
guardianship, freedom from parental custody and control, and related
matters, including other subjects covered by the Family Code;
   (5) Whether the law relating to offers of compromise should be
revised;
   (6) Whether the law relating to discovery in civil cases should be
revised;
   (7) Whether the acts governing special assessments for public
improvement should be simplified and unified;
   (8) Whether the law relating to the rights and disabilities of
minors and incompetent persons should be revised;
   (9) Whether the Evidence Code should be revised;
   (10) Whether the law relating to arbitration should be revised;
   (11) Whether there should be changes to administrative law;
   (12) Whether the law relating to the payment and the shifting of
attorney's fees between litigants should be revised;
   (13) Whether the Uniform Unincorporated Nonprofit Association Act,
or parts of that uniform act, and related provisions should be
adopted in California;
   (14) Recommendations to be reported pertaining to statutory
changes that may be necessitated by court unification;
   (15) Whether the law of contracts should be revised, including the
law relating to the effect of electronic communications on the law
governing contract formation, the statute of frauds, the parol
evidence rule, and related matters;
   (16) Whether the laws within various codes relating to
environmental quality and natural resources should be reorganized in
order to simplify and consolidate relevant statutes, resolve
inconsistencies between the statutes, and eliminate obsolete and
unnecessarily duplicative statutes; and be it further
   Resolved, That the Legislature approves removal of the topics
listed below from the calendar of the California Law Revision
Commission:
   (1) Whether the law relating to class actions should be revised;
   (2) Whether a summary procedure should be provided by which
property owners can remove doubtful or invalid liens from their
property, including a provision for the payment of attorneys' fees to
the prevailing party;
   (3) Whether the law governing unfair competition litigation under
Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of
the Business and Professions Code should be revised to clarify the
scope of the chapter and to resolve procedural problems in litigation
under the chapter, including the res judicata and collateral
estoppel effect on the public of a judgment between the parties to
the litigation, and related matters;
   (4) Whether the requirement of paragraph (2) of subdivision (b) of
Section 800 of the Corporations Code that the plaintiff in a
shareholder's derivative action must allege the plaintiff's efforts
to secure board action or the reasons for not making the effort, the
standard under Section 309 of the Corporations Code for protection of
a director from liability for a good faith business judgment, and
related provisions, should be revised;
   (5) Whether Section 351 of the Code of Civil Procedure, relating
to tolling statutes of limitations while the defendant is out of
state, and related matters, should be revised; and be it further
   Resolved, That the Legislature approves for study by the
California Law Revision Commission the new topics listed below:
   (1) Whether the law governing common interest housing developments
should be revised to clarify the law, eliminate unnecessary or
obsolete provisions, consolidate existing statutes in one place in
the codes, establish a clear, consistent, and unified policy with
regard to formation and management of these developments and
transaction of real property interests located within them, and to
determine to what extent they should be subject to regulation;
   (2) Whether the statutes of limitation for legal malpractice
actions should be revised to recognize equitable tolling or other
adjustment for the circumstances of simultaneous litigation, and
related matters;
   (3) Whether the law governing disclosure of public records and the
law governing protection of privacy in public records should be
revised to better coordinate them, including consolidation and
clarification of the scope of required disclosure and creation of a
single set of disclosure procedures, to provide appropriate
enforcement mechanisms, and to ensure that the law governing
disclosure of public records adequately treats electronic
information, and related matters;
   (4) Whether the law governing criminal sentencing should be
revised, nonsubstantively, to reorganize and clarify the sentencing
procedure statutes in order to make them more logical and
understandable; and be it further
   Resolved, That the Chief Clerk of the Assembly transmit a copy of
this resolution to the California Law Revision Commission.
